Gesture: Gavin Kirkham appeared to make a ‘monkey gesture’ at Danny Welbeck (Picture: David Klein)

The Crown Prosecution Service have announced there is ‘insufficient evidence’ to charge a Chelsea fan who appeared to make a monkey gesture at Danny Welbeck – even though a picture showing the incident appeared online.

Blues fan Gavin Kirkham was picked up by police after allegedly making a racist gesture towards Manchester United striker Welbeck on October 31st, when United bowed out of the FA Cup after losing 5-4 to Chelsea at Stamford Bridge.

The Metropolitan police identified Kirkham using CCTV footage and, after collecting witness statements, they put a case forward to have him charged with a racially aggravated public order offence.

However, the CPS have now confirmed they have ‘insufficient evidence’ to charge Kirkham and will be taking no further action.

Danny Welbeck is yet to speak out about the apparent ‘gesture’ (Picture: AP)

‘To bring a charge for a racially aggravated public order offence we need to be able to prove in a court either that an individual’s gestures demonstrate hostility towards the victim based on the victim’s membership of a racial group, or that the offence is motivated by hostility towards members of a racial group based on their membership of that group,’ said a CPS spokesperson.

‘It is our decision that, having looked closely at video footage, an image of the incident and witness statements, the evidence does not demonstrate this to the standard required for a prosecution.

‘There is therefore insufficient evidence for a realistic prospect of conviction and we are therefore not bringing a charge against this individual.’

Despite ending the prospect of a criminal charge being brought, Chelsea are standing by their decision to ban Kirkham from Stamford Bridge.

The 28-year-old was initially banned for the gesture and the club now say it will remain in place as Kirkham was not eligible to sit in the seat in question as he is not a Chelsea member.